Legal Question in Family Law in Ohio

How modern is the court system in Ohio

I have asked this question before. Where can one find forms for modification to a shared parenting plan. Father moved 45 miles away and the 3 hours from 5-8 PM he has the children is now not in their best interest. Before you tell me get an attorney, how about someone just tell me where forms are located for Delaware County.

With all do respect, individuals who cannot afford an attorney, single moms, mothers who need a system in place, a system that assists, not hinders. There are the very people that the justice system needs make sure does not fail them.

I look forward to your response.

Regards,

-Todd Gordon


Asked on 5/17/07, 8:22 pm

3 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: How modern is the court system in Ohio

Ohio's Court system is as "modern" as most. Your problem is not about Ohio courts being up to date. The domestic relations, child support, and custody Laws are very complicated in all of the States. There are both Federal and State Laws that the Courts and the Parties are required to adhere to.

There is no single "Form" that you are going to be able to find to accomplish your goal. The system that Ohio has set up to handle these matters for people who can not afford an attorney is "Legal Aid." Unfortunately legal aid offices are largely under funded and sometimes do not have the staff to take certain types of cases. Legal aid should be able to at least help you get an attorney who will help you for a discounted fee.

Now I am going to tell you to get an attorney! I didn't tell you that before I discussed the matter, but I will now. I would call an attorney and see if he or she will take the case and try to get the father to be responsible for the fee. If the father caused the problem, he should pay for it. If you can not afford an attorney, it is not uncommon for the court, in this type of situation, to require that the father reimburse you for your costs and attorney fees.

The key here is "re-imburse" you. You would still be primarily responsible for the fee. You did not cause he problem and should not have to pay to come up with a solution!

If you want to discuss this further, feel free to give me a call.

Good Luck!

DHD

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Answered on 5/24/07, 9:20 am
Benjamin Partee The Law Office of Benjamin J. Partee

Re: How modern is the court system in Ohio

Your best bet would be to talk to the Clerk's office at the Delaware County Court of Common Pleas, Domestic Relations Division.

It is exceedingly unlikely that you would receive forms from an attorney for free. You are correct that the system is in place to protect those in need. However, there is no guarantee that you will have the knowledge to navigate the system. It is entirely unacceptable to demand forms or advice without payment. Attorneys are highly educated and trained and go through a rigorous licensure process. We simply don't do this for a hobby - this is how we make our living. We don't ask others to do their job for free, and we expect the same respect in return. Please try to keep that in mind in the future when seeking advice.

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Answered on 5/17/07, 11:16 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: How modern is the court system in Ohio

Some court systems, the larger ones, have some, but not all, of the forms online. For example, Cuyahoga County is one. I suggest googling the ohio domestic relations courts. If you are truly serious about handling this yourself, then visit either a nearby law library or a local library that has a collection of legal books.

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Answered on 5/21/07, 12:13 pm


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